EMROS and LATE NIGHT LEVY CONSULTATION

Arts Council England’s response to consultation on secondary legislation for the Late Night Levy and Early Morning Restriction Orders (EMROs).

Arts Council England champions, develops and invests in artistic and cultural experiences that enrich people's lives. We support a range of activities and organisations across the arts, museums and libraries.

We are concerned about the impact the current proposals might have on those arts and culture venues which are not currently exempt, particularly late night live music venues. The proposals could negatively impact on the business models of these organisations (many of which are providing important showcasing opportunities for emerging and early career artists and performers).

In addition, the proposals may unnecessarily curb the positive contributions that the arts and culture sector currently bring to communities, and in particular their late night economies.

EXEMPTIONS TO EMROS

1. Do you think that the proposed processes for Early Morning Restriction Orders include sufficient consultation with those likely to be affected by an EMRO.

It is unclear from the flow chart whether the consultation with affected persons will be over 28 or 56 days. It would be helpful to clarify this. We would also welcome an option which gives businesses an opportunity to come up with a business-led solution first, before applying an EMRO.

2. The government proposes that EMROs will not apply (i.e. will not restrict alcohol sales) between midnight on 31st December and 6am on 1st January of each year. Do you think that EMROs should apply on New Year’s Eve?

No. The EMRO should not apply on New Year’s Eve.

3. Do you agree or disagree that the categories of premises above should be exempt from EMROS (premises with overnight accommodation, theatres and cinemas, community premises, casinos and bingo halls)

We agree that these categories of premises should be exempt from EMROs and welcome the inclusion of theatres as a category.

However, we believe that the definition of theatres should be extended to also include ‘guests invited to an event at the premises’. This is because some venues rely on the income generated from private hires or corporate hospitality events, where there is no performance or ‘ticket holders’.

Some venues also open up their bars to the general public to generate additional income which supports their business model. We would therefore support an amendment to the proposals which ensures that venues whose principle focus is to

- 1 - provide cultural activity and resource to a local area, are not prevented from generating necessary income.

4. Do you have any other suggestions on the types of premises that should be considered for an exemption from EMROs?

We would like to see the exemption that is provided for theatres and cinemas extended to other arts and culture venues because these businesses are adding essential cultural value to local areas and communities.

We recognise that the current proposals would particularly affect (smaller) music venues. These venues often provide valuable opportunities for emerging musicians to showcase and build their careers, with many smaller venues relying on alcohol sales to support their business models.

THE LATE NIGHT LEVY

5. Do you think that there should be an option for local residents / community groups to recommend the implementation of the levy in their area?

No, licensing authorities should decide this, based on evidence and a broad range of inputs, including from the local community.

EXEMPTIONS AND REDUCTIONS TO THE LEVY

6. Do you agree or disagree that licensing authorities should be able to exempt these premises from the levy?

We are pleased to see that theatres and cinemas, community premises and country village pubs should be optional exemptions as they often provide a space for arts and culture events to take place within a local community. We believe that other venues which provide an artistic or cultural focus should also be included as an optional exemption here, regardless of whether they are in a rural or urban setting.

The Government has recognised the important role that arts and culture organisations can play in tourism, the late night economy, and the development of communities that are attractive and good to live in. Many arts and culture venues are charities or social enterprises and a levy could provide a significant financial barrier which might affect their ability to serve their communities.

7. Do you agree or disagree that licensing authorities should be able to exempt Business Improvement Districts (BIDs) from the late night levy.

Agree. Licensing authorities should be able to exempt Business Improvement Districts from the late night levy.

8. Do you think that premises operating under a club premises certificate should be exempt from the late night levy?

No response

9. What are your views on affording a reduction from the late night levy to businesses that receive small business rate relief?

No response

- 2 - 10. Do you agree or disagree that there should be an exemption for New Year’s Eve.

Agree – there should be an exemption for New Year’s Eve.

11. Do you agree or disagree that licensing authorities should be able to ask for a reduced levy payment from these businesses (that are members of a clubwatch scheme, a BID or similar).

Agree.

12. Do you have any suggestions for benchmarks that can be applied to grassroots schemes to ensure members are actively working to reduce crime and disorder.

No response

13. Do you agree or disagree with this set-up of cumulative discounts?

Neither agree nor disagree. We would like to see the discount set at a level that would encourage businesses to join best practice schemes.

14. Should there be scope for further exemptions and reductions from the late night levy?

See Question 4, above. The Government should consider exempting arts and culture venues. These businesses positively add value to a local area or community by bringing communities together, providing positive activities, and often attracting visitors from beyond the local area.

LICENSING AUTHORITY LEVY REVENUE

15. What activities do you think licensing authorities should be able to fund with their retained proportion?

We agree that authorities should make the late night economy a more welcoming place to do business. We believe that arts and culture venues have a key role here. Festivals, late night arts/culture events, public art and other cultural events can bring communities together and help encourage pride in a place. Arts and culture organisations offer activities for people to participate in which don’t revolve around drinking.

16. What restrictions do you think there should be on the types of services that licensing authorities will be able to fund?

We believe that funding should be focused on initiatives which will engender respect and more positive behaviour within a local area. Arts and culture activity can play a positive role here (see Question 15).

IMPACT ASSESSMENT

17. If you have any comments on the Impact Assessment, please detail them here?

- 3 - The Impact Assessment does not consider the cultural impact of the proposals. By this we mean the impact on organisations and venues presenting arts and culture within a local community. Also, the impact on the provision of arts and culture activities and events available to local communities.

Amy Turton Officer, Policy Development Arts Council England 5 April 2012